Inside the world of doggy divorces: How couples are spending more than £10k fighting over their pooches

As Ant McPartlin and Lisa Armstrong battle over who will get custody over their Labrador, Hurley, the couples spending tens of thousands to cling onto their fur babies - and why 'pet nups' could be the answer

By Ciara Sheppard

24th January 2018,12:04 pm

Updated: 24th January 2018,8:46 pm

WHEN Rosanne Howard, 35 and from Kent, separated from her husband of nine years, the couple amicably agreed to split the house, finances and furniture.

But there was one thing they simply couldn’t agree on – who would get custody of their beloved Benji.

Tv star Ant McPartlin is in the process of a split from wife Lisa…. but who’s going to get the dog?

Three years old and with big brown eyes, Benji was the apple of his parents eye. Neither could bear to be without him and their battle over Benji sparked a legal war which cost thousands and pushed Rosanne to the brink.

“When all was said and done, losing custody of Benji was the worst thing about going through my divorce,” says Rosanne.

But the bundle of joy at the heart of the couple’s fight wasn’t their beloved child, but a Doberman cross.

“The only option was to hire a lawyer to help us come to a fair agreement. Neither of us was going to give the dog up. It was a stalemate,” she says.

Cheryl’s late Chihuahua, Coco, became a bone of contention during her split from Ashley Cole

Man’s best friend

Some couples are even opting for “pet-nups” – an agreement made by both parties about the pet’s future in the event of a breakup – and a recent survey by The Dogs Trust revealed that 25 per cent of all separating couples believe their dog would be the MOST important consideration if they separated.

Lauren Goodger was so attached to the Chihuahua she shared with ex Mark Wright that she referred to Wrighty (the dog, that is) as her “first child”.

And when Cheryl and Ashley Cole divorced they chauffeured their Chihuahua Coco between them “to keep the peace”.

Likewise, Liam Gallagher and Nicole Appleton shared their two sausage dogs, Brigitte Bardot and Ruby after they split.

Dog wars

But if co-parenting isn’t an option, how on earth do you decide who should take charge of a squidgy fur ball that can’t express its preference, and only wags its tail and slobbers all over the sofa?

A number of warring couples turn to the court system to settle the row – but the fees can staggeringly rack up to tens of thousands of pounds.

Mark Wright is another celeb who found himself in a custody battle over his dog

John Oxley, a barrister at family law firm Vardags, said: “To have a realistic fight in matrimonial proceedings about a dog you are going to need a lot of money, as the fees will soon become disproportionate. To get lawyers involved you’re looking at hundreds if not thousands of pounds.

“I have heard of cases of people spending tens of thousands on legal fees over who would keep the dog! Where couples who want to fight about it have the money to do so, a dispute like that can run and run.”

Priced out of the market

Some people simply cannot afford the exorbitant fees involved, as Sarah, 27 from London found when she separated from her husband and moved out of the family home.
She left behind Staffordshire bull terriers Ridley and Marvin – but she wasn’t giving up that easily.

“I looked into lawyers and the prices made me wince – but I had to do it. I was angry and wanted my fur-babies back. I had bought them with money that my mum and dad had given as part of their own divorce settlement (the irony!)”

However, when the lawyer bills turned from hundreds of pounds to the prospect of thousands, Sarah had to pull the plug.

“The legal battle was draining my finances. I was living in rented accommodation and my landlady wouldn’t allow pets. I knew it was a fight I wasn’t going to win.”

But there is a glimmer of hope for Sarah: “My ex-partner is in the military and is being posted shortly, so now the tables have turned. I’m going to find new accommodation that allows pets.

“I love my dogs and can’t wait to, potentially, have them back in my life.”

Lauren Goodger became locked in a legal battle over their shared pet, Wrighty

Sorting the ruff from the smooth

A number of factors are taken into consideration by a judge when he’s awarding custody from who is recorded at the vets practice to whose name is registered with the Kennel Club?

But it’s not always so black and white.

John Oxley explains: “Judges have a wide discretion in family cases, and so can consider any relevant factor, including who spent more time caring for a dog, and perhaps even who had the strongest attachment to it.

“Often judges have a good sense for who has the real connection to the animal, and who is fighting for fighting’s sake. In a mediation or arbitration, an even more touchy-feely approach might be adopted.

“The judge may also look to the living arrangements after the divorce, including who will have a suitable property and time for the animal.”

What the judges take into consideration

Who bought the dog / Whose name is on the contract with a rescue?

Whose name is registered with the Kennel Club?

Whose name is registered on the microchip database?

Who is recorded at the vets practice?

Whose name is on the insurance certificate?

Who is the one who actually looks after it?

The judge’s verdict can generally go one of four ways: either they decide the dog belongs solely to one party, they decide the dog belongs solely to one party but they must pay damages, both parties agree to sell the dog and split the cost, or the dog will be jointly owned by both parties.

“It could be decided that each party takes the dog for six months of the year,” caseworker Nik explains.
Like visitation rights for children, animals can have their time divided between the pair.

John recalls: “One of my friends in the profession once spent a day in court writing a contact schedule, just as you would with a child. The animal would spend Monday to Wednesday with one person, and Thursday to Sunday with the other.”